Agent under a Power of Attorney vs. Executor: Understanding the Difference in Virginia
Date: February 12, 2026
Agent Under a Power of Attorney
An Agent under a Power of Attorney is appointed by a living person (called a Principal) to manage financial, legal, or healthcare decisions.
Some key points about Powers of Attorney:
- They are active during the life of the Principal: An agent’s authority under a power of attorney ends upon the Principal’s death.
- The scope of authority can vary: An agent under a Power of Attorney can have limited or broad powers depending on the terms of the Power of Attorney.
- The Agent owes the Principal fiduciary duties: Agents under a power of attorney have a number of duties that they must carry out, including, but not limited to, acting in the principal’s best interest, acting in good faith, and acting within the scope of authority granted in the power of attorney.
Misuse of a Power of Attorney is a common indication of elder financial exploitation in Virginia. It is also a common scenario that can lead to an estate dispute.
A hypothetical dispute scenario involves a person (agent) having an elderly or ill person (principal) execute a new power of attorney naming them as agent. After the new power of attorney is signed, the agent under the power of attorney might then engage in malfeasance, such as making “gifts” to themselves or others, changing beneficiary designations to benefit themselves or others, or retitling accounts to benefit themselves or others. The agent under the new power of attorney may refuse to account for his or her actions and may not respond to requests for information from concerned family members.
Malfeasance under a power of attorney may not be discovered by other family members until after the principal passes away.
Executor, Administrator, or Personal Representative
Virginia law uses the term personal representative to include executors and administrators of estates. Virginia Code § 64.2-100. In this post, we will use the term “personal representative” for ease of reference.
An executor is typically named in a will to manage a deceased person’s estate. An administrator can also be appointed by the court to manage a deceased person’s estate.
Some key points about personal representatives of estates:
- The Personal Representative’s authority begins upon qualification with the Court after the deceased person’s passing. The personal representative’s legal authority begins once probate begins. Typically, for a person who dies with a will (called “testate”), this involves the will being admitted to probate with “the circuit court in the county or city wherein the decedent [person who died] has a known place of residence.” Virginia Code § 64.2-443(A). However, Virginia law provides that “Where any person has become, either voluntarily or involuntarily, a patient in a nursing home, convalescent home, or similar institution due to advanced age or impaired health, the place of legal residence of the person shall be rebuttably presumed to be the same as it was before he became a patient.” Virginia Code § 64.2-443(B).
- The Personal Representative manages estate assets: As a general matter, the personal representative collects assets, pays debts, and distributes property. Virginia law provides that “Every personal representative shall administer, well and truly, the whole personal estate of his decedent.” Virginia Code § 64.2-514.
- The Personal Representative acts under court supervision: Personal representatives are accountable to the Circuit Court. The personal representative typically will need to file an inventory and accounting(s) with the Court.
Common Confusion
Families sometimes assume an agent under a Power of Attorney can make decisions after the principal’s death or that executors or personal representatives can act during a testator’s life. Clarifying these roles can help to minimize disputes and misuse.
Understanding these roles is also critical to understanding your potential recourse in the event of a dispute.
If faced with a dispute involving a power of attorney or executor/personal representative of an estate, it is critical to consult with an experienced estate/fiduciary dispute lawyer.
About Our Team
Whiteford offers sophisticated, experienced counsel on estate, trust, and fiduciary dispute matters.
Brett C. Herbert is a partner at Whiteford, Taylor & Preston LLP and a member of the Estates, Trusts, & Fiduciary Litigation Practice Team. Brett can be reached at BHerbert@whitefordlaw.com and (804) 977-1242.
Gregory S. Bean is a partner at Whiteford, Taylor & Preston LLP and a member of the Estates, Trusts, & Fiduciary Litigation Practice Team. Greg can be reached at GBean@Whitefordlaw.com and (804) 977-1241.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.